Adjudication on the Social Security Tribunal

After over a decade serving as an adjudicator on the Social Security Tribunal of Canada (SST), I continue to be inspired by the Tribunal's unwavering commitment to a people-focused approach. Having spent the majority of my tenure adjudicating Canada Pension Plan and Old Age Security appeals, and now transitioning to Employment Insurance appeals, I have seen firsthand how the SST has evolved to ensure fairness, accessibility, and respect for every individual who comes before us. I have included below a sample of some of the excellent things the Tribunal has done to ensure access to justice and fairness for those that appear before us.

Central to this commitment are the Social Security Tribunal Rules of Procedure, particularly Sections 6 and 8. These sections enshrine the Tribunal’s use of plain language and flexibility, ensuring that self-represented appellants can meaningfully participate in their appeals. Section 6 outlines our duty to explain the process in simple and accessible terms. We avoid legal jargon wherever possible, recognizing that many appellants do not have legal representation. Section 8 gives us the ability to adapt procedural requirements in a way that respects the appellant's circumstances, always keeping fairness at the forefront.

The objective of the Rules as a whole is to set out modernized rules of procedure that help facilitate access to justice by making proceedings simple, quick, and fair. Plain language Rules intend to help parties understand and navigate the appeal process more easily and efficiently. They do this by enabling parties to know what to expect from the appeal process and to know what may be expected of them.

This philosophy extends beyond just the written rules. For example, in all three divisions of the Tribunal (Income Security, Employment Insurance, and the Appeal Division), we have dedicated navigators who play a vital role in guiding appellants through the process. These operations staff help appellants understand what to expect, what documents they need, and how to prepare for their hearing. This proactive support helps demystify the process and significantly reduces stress for those unfamiliar with formal proceedings. It is an example of the Tribunal's efforts to meet people where they are.

Client feedback further confirms that our approach is working. According to our survey from 2023, 85% of participants felt they were treated with courtesy and respect, and 78% felt the process was easy to understand. More recent survey data has shown Appellants feel the following:

• They have an opportunity to submit and present evidence and explain their case – 96%,
• The member was fair – 87%
• Enough information about the appeal process was provided through staff, the SST website, and through letters – 92%
• Overall satisfaction – 92%

While not everyone achieves the outcome they hope for, these results tell us that the majority of appellants feel heard and respected throughout their appeal.

One of the ways we build this sense of fairness is through our written decisions. We are trained and encouraged to write in plain language and use point-first writing, ensuring our reasoning is clear and easy to follow. Our decisions aim not only to resolve a dispute, but also to provide the parties with a complete understanding of how and why a decision was made. This transparency and intelligibility are essential to maintaining trust in the adjudicative process.

Personally, I am deeply proud to be a part of this organization. Every day, I see how committed my colleagues are to putting people first. We understand that behind every appeal is a person facing real-life challenges. Our role is not simply to apply the law, but to listen carefully, weigh the evidence, and deliver decisions that reflect both legal integrity and human compassion.

Not every appellant will succeed in their appeal, but it is our goal—and my personal commitment—that everyone leaves the process feeling that they had a fair opportunity to be heard and to make their case. That, to me, is the true measure of access to justice in administrative decision-making.

Adam Picotte is a member of the general division at the Social Security Tribunal of Canada.